Embattled ex-Swisher sheriff seeks stay in civil case

Former Swisher County Sheriff Emilio Benavidez on Wednesday asked a federal judge to put a civil case against him on hold while he battles official oppression charges filed last month in Randall County.

In a court motion filed this week by a Benavidez attorney, the defense contended Benavidez’s rights against self-incrimination could be violated if the civil suit proceeds while he faces a criminal misdemeanor charge.

Randall County Criminal District Attorney James Farren previously said the charge, a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine, stemmed from improper acts toward a Swisher County female employee.

Two female Swisher County employees on Oct. 2 sued Swisher County, Benavidez and County Judge Harold Keeter in Amarillo’s federal court, alleging Benavidez repeatedly fondled himself in front of them and that Keeter retaliated against them for reporting the incidents.

Benavidez, Swisher County and Keeter deny the suit’s claims and have asked U.S. District Judge Mary Lou Robinson to dismiss the case on grounds it fails to state a claim under which federal court relief can be granted.

“If Benavidez exercises his right against self-incrimination, he will be unable to meaningfully defend himself and due process will not be fulfilled. On the other hand, if he testifies on his own behalf, he jeopardizes his Fifth Amendment right in this lawsuit,” the motion states. “And his own testimony in this lawsuit may be used against him in the criminal case. Under either scenario, one of Benavidez’s constitutional rights would be jeopardized.”

The federal lawsuit, filed by Tara Rasmussen and Cassie Pointer, names the former sheriff and Keeter as defendants and details allegations Benavidez made repeated unwanted sexual advances toward the women.

Rasmussen, an administrative assistant, began working for the county in 2006, the suit claims, and soon received a note from Benavidez that said “you are a beautiful lady.”

Benavidez, the suit said, instructed her to destroy the note.

Benavidez, according to the suit, later began flirting with Rasmussen. On multiple occasions, Benavidez sneaked up behind the woman and fondled himself while staring at her, the suit states.

Rasmussen repeatedly asked Benavidez to stop, but he refused and once said “he could not help himself because she was such a beautiful woman.” Sometimes, the suit states, Rasmussen would turn around to find that Benavidez had unzipped his pants and was fondling himself behind her.

Benavidez became bolder, the suit said, and asked Rasmussen to touch him and asked for oral sex. The lawsuit further alleges Benavidez occasionally requested Rasmussen accompany him on trips to pick up prisoners, and that he would fondle himself and badgered her to have sex with him.

Rasmussen, a single mother of five, refused the sheriff’s advances, the suit said, and he threatened to have her fired and blackballed if she reported his conduct.

The woman later reported the incidents to fellow employees and a sheriff’s deputy, who convened a conference with the sheriff, Rasmussen and another woman about the sheriff’s conduct. The sheriff promised to stop, but he continued his advances, according to the suit.

Pointer began working for the county in 2011 and soon became the victim of unwelcome attention from the sheriff after she was hired, according to the suit.

On Oct. 24, 2011, Benavidez asked Pointer to travel with him to Randall County to pick up a prisoner. During the trip, the sheriff told Pointer he was willing to pay her for sex and that he had a $100 bill. The sheriff, according to the suit, then began fondling himself and grabbed Pointer by the head in an attempt to get her to have sex with him.

“Unbeknownst to the sheriff, Pointer had the presence of mind to record this horrible encounter on her cellphone,” the suit states.

Pointer resisted the sheriff’s advances, and they returned to Swisher County and Pointer reported the incident to a deputy, who took the SIM card from her phone as evidence, according to court records.

Mike Criswell, the local district attorney, then reported the incident to Keeter, the county judge.

Keeter met with both Rasmussen and Pointer and instructed them not to say anything about the matter, the suit states. Keeter, according to court documents, refused to allow charges to be pressed against Benavidez, who instead was allowed to resign.

Keeter, according to the suit, threatened to fire Pointer if she cooperated in the investigation and denied her raises and other benefits.

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